Insurance Recovery
Lawyers in Orrick's Insurance Recovery Group bring extraordinary breadth and depth of experience to their advocacy for policyholders. Our practice is international in scope and includes lawyers who have won the highest accolades in the industry.
We represent policyholders exclusively, both in litigating coverage claims to a successful conclusion and in providing innovative non-litigation solutions to the most complex insurance coverage disputes. In addition, we provide risk management counseling and insurance advice regarding some of the world's most challenging and important matters.
We represent policyholders seeking insurance proceeds under virtually every type of insurance policy and serve policyholder clients throughout the world in all major industries.
- oil and gas
- energy
- mining and smelting
- technology
- life sciences
- financial services/banking
- manufacturing
- entertainment/gaming
- publishing
- consumer product
- retail
- transportation
- food and beverage
- law
- accounting
- construction/real estate
- government and non-profits
Our lawyers have created important insurance precedents and have been involved in many large and high-profile insurance coverage cases.
Facts About Our Practice
- Lawyers on the team have recovered billions from insurance companies for policyholders, including verdicts in litigated matters and some of the largest settlements in the history of the London Market.
- The practice includes more than 25 lawyers and professionals worldwide. Eleven lawyers and professionals recently joined Orrick from the renowned insurance recovery practice of the former Heller Ehrman LLP.
- Five of our lawyers have been ranked as leaders in the insurance recovery field by Chambers USA.
- Members of our team work on some of the highest profile insurance coverage matters in the world. The historical roots of our practice leaders go back to representation of Johns Manville in asbestos matters, 3M on breast implant product liability matters and numerous clients whose businesses were affected by hurricanes Katrina and Rita.
Our Capabilities
Property Damage, Business Interruption
Orrick's lawyers have represented policyholder clients in scores of first party losses involving virtually every significant issue that may arise in connection with claims under property damage and business interruption policies. We assist in assessing coverage, notifying insurance companies, preparing claim documentation and negotiating with insurance companies. Ordinarily, we attempt to identify and eliminate potential disputes early, and we have resolved many large claims through negotiation. When insurance companies are unwilling to resolve disputes satisfactorily, we litigate them efficiently. We have successfully handled first party appraisals, arbitrations and trials.
Representative Matters
Fidelity, Crime, Surety and Other First Party Insurance
We also have represented policyholders with claims for first party losses arising under bankers bond, crime, credit risk and impairment, fidelity, builders' risk, breach of warranty, product recall and other forms of first party coverages. These highly specialized coverages typically are industry specific and often have special characteristics that require unique expertise and experience. We assist policyholders in evaluating and presenting claims, which often involve highly complex transactions in esoteric fields. We are able to draw on the experience of lawyers in Orrick's premier securities, banking, financial markets and other practices to bring a multi-disciplinary approach to bear in counseling policyholders on these claims.
Representative Matters
Third Party, Commercial and Comprehensive General Liability Insurance
We represent policyholders on almost every claim arising under third party Commercial/Comprehensive General Liability (CGL), umbrella and excess liability insurance. We have handled claims of all types, including asbestos, environmental, products, toxic tort, trademark, patent, copyright, trade secret, cyber-liability, media liability, product recall, construction, real estate, consumer fraud, deceptive practices, RESPA, privacy, right of publicity and civil rights liabilities, and many others.
We devise strategies for obtaining an immediate and complete defense and indemnification of our clients against underlying suits and claims. We analyze existing and future liabilities and conduct comprehensive assessments of coverage for those liabilities, working closely with our deep bench of trial lawyers experienced in the underlying areas of practice. We negotiate with insurance companies to obtain interim defense funding and indemnity agreements or interim payments. When insurance companies fail to recognize obligations, we help clients structure defenses and settlements to preserve rights and maximize the value of insurance assets.
Representative Matters
Director & Officer, Fiduciary And Errors & Omissions Insurance
We have successfully resolved coverage disputes for policyholders in claims under director and officer, fiduciary and errors and omissions liability coverages. The possibility of securities law, ERISA or other breach-of-duty claims requires not merely vigorous and skilled representation in the courtroom, but also a clear understanding of director and officer indemnification rights, insurance coverage issues and corporate decision-making as it bears on both litigation strategy and ongoing management of the company.
Our depth in the area of securities law gives us an advantage in addressing the complexities of claims involving the highest levels of corporate management. We craft and implement comprehensive strategies that effectively address the often-conflicting considerations that arise in corporate crisis situations, including the conduct of internal investigations, response to governmental and stock exchange investigations, and defense of shareholder, derivative and pension beneficiary claims.
Representative Matters
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